Medicare Secondary Payer Rules and Clinical Trials

Navigating MSP Rules and Reporting Requirements for Research Sponsors and Clinical Sites and Best Practices for Contracting

Recording of a 90-minute CLE webinar/teleconference with Q&A


Conducted on Wednesday, August 8, 2012
Recorded event now available


This CLE webinar will prepare healthcare counsel to apply Medicare secondary payor (MSP) rules to research sponsors and clinical sites, and provide guidance on the new MSP reporting requirements and practical contracting approaches.

Description

The Medicare Secondary Payer law sets the requirements for coordination of benefits between insurance and Medicare. Research sponsors and clinical sites need to understand the MSP rules and their application to clinical trials to appropriately allocate responsibility for coverage of subject injuries.

New reporting requirements under Sec. 111 of MMSEA include CMS' position that payments for healthcare expenses by clinical trial sponsors constitute liability self-insurance. Such payments, claims or potential claims require reporting by the responsible reporting entity.

The MSP and Sec. 111 requirements are complex and guidance is limited. Compliance presents an ongoing challenge for research sponsors and clinical sites. Language addressing the MSP and reporting requirements for clinical trial agreements, informed consent and HIPAA authorization should be carefully drafted.

Listen as our authoritative panel of healthcare attorneys examines how the MSP rules and the new MSP reporting requirements apply to research sponsors and clinical sites. The panel will offer best practices for contracting.

Outline

  1. Application of MSP rules to clinical trials
    1. Historical interpretation
    2. Current guidance
    3. Open issues
  2. New MSP reporting requirements
    1. Overview
    2. Application to research sponsors
    3. Impact on clinical sites
    4. Open issues
  3. Best practices for contracting
    1. Clinical trial agreements
    2. Informed consent
    3. HIPAA authorization

Benefits

The panel will review these and other key questions:

  • What are the new MSP reporting requirements?
  • How do the MSP rules apply to research sponsors and clinical sites?
  • How should language for clinical trial agreements, informed consent and HIPAA authorization be revised?

Faculty

Eve M. Brunts, Partner
Ropes & Gray, Boston

She regularly advises clients on Medicare and Medicaid coverage, claims and payment requirements for a variety of services; Medicare and Medicaid managed care programs; the Medicaid drug rebate program; Medicaid state plan requirements; reimbursement for health care services in clinical trials; managed care contracting and state managed care laws; and federal and state fraud and abuse laws.

David Piatt, Managing Partner
Piatt Consulting and Medicare Consul Services, Albuquerque, N.M.

He is the former Program Director of the Medicare Secondary Payer Recovery Contract where he managed Medicare's national recovery efforts and participated in the development of the Mandatory Insurer Reporting requirements. He has been on the forefront of this issue and recently brokered a meeting between CMS and two major Clinical Trials Sponsors.

Ordering

Online CLE - Audio Recording

Includes streaming audio of full program plus handouts (available 24 hours after live program).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX*, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
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Online CLE Audio $297.00
Available 24 hours after the live event

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Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID*, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)

Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event

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Program Materials

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Program Materials

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Health Law Advisory Board

Lowell C. Brown

Partner

Arent Fox

Ryan S. Johnson

Shareholder

Fredrikson & Byron

Gina M. Kastel

Partner

Faegre Baker Daniels

Karen S. Lovitch

Member

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo

David A. Manko

Partner

Rivkin Radler

John J. Miles

Principal

Ober Kaler

J. Peter Rich

Partner

McDermott Will & Emery

Donald H. Romano

Of Counsel

Foley & Lardner

Judith A. Waltz

Partner

Foley & Lardner

John R. Washlick

Shareholder

Buchanan Ingersoll & Rooney

Jesse A. Witten

Partner

Drinker Biddle & Reath

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